Q&As

Under the new Electronic Communications Code, following contractual expiry of a (Landlord and Tenant Act 1954 excluded) telecoms lease, would landlord break clauses have to be exercised in addition to serving an 18-month notice under Part 5?

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Produced in partnership with Alexander Campbell of Cornerstone Barristers
Published on: 07 August 2019
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The Digital Economy Act 2017 inserted a new schedule 3A into the Communications Act 2003. Schedule 3A is the text of a new Electronic Communications Code (‘the Code’).

Part 5 of the Code makes provision for a Landlord under a telecoms lease under the Code to terminate or modify that lease.

Paragraph 31 of the Code (which is contained in Part 5) makes provision for a site provider (meaning a landlord) under a code agreement to bring the agreement to an end.

In order to give notice, the site provider must serve a notice in accordance with paragraph 31 of the Code. A notice which is given under paragraph 31 must comply with certain conditions which are specified in paragraph 31.

Paragraph 31(3) of the Code sets out the length of notice which must be given by the site

Alexander Campbell
Alexander Campbell chambers

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Electronic Communications Code definition
What does Electronic Communications Code mean?

The Electronic Communications Code, inserted into the communications act 2003, Schedule 3A, by the Digital Economy act 2017. A code right is granted in relation to an operator and any land, for the statutory purposes of providing an operator's network/infrastructure system, and for activities set out in the code.

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